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BARRATRY-BARRIER TREATY.

trous, viz., evading foreign port-duties; deviation from the usual course of the voyage, by the captain, for his own private purposes; or dropping anchor, to go ashore on his own affairs; cruising against an enemy contrary to instructions; trading with an enemy, whereby the ship is exposed to seizure; wilful violation of a blockade; a wilful resistance of search by a belligerent vessel, where the right of search is legally exercised; and even negligence, when so gross as to bear a fraudulent character, is barratry; and, more especially, embezzlement of any part of the cargo; and the shipper recovers against the underwriters for such an act of barratry, even though it is consented to by the owners of the ship. Under insurance against barratry, the underwriters are liable for any barratrous act of the mariners, which could not have been prevented by ordinary diligence and care on the part of the captain. And as far as the circumstance of barratry depends upon its being an act against the owners, it is sufficient that it be prejudicial to the charterers, who are, for this purpose, considered the owners.-It is obviously of great importance to protect the owners of ships and cargoes against the fraud and knavery of those to whose care they are intrusted; and, because property at sea is commonly beyond the care and superintendence of the owner, and is necessarily intrusted to the master and mariners, the laws usually punish any embezzlement, or wilful destruction of it by them, with great severity. By an act of congress, March 26, 1804, it is enacted, that "any person, not being an owner, who shall, on the high-seas, wilfully and corruptly cast away, burn or otherwise destroy any vessel unto which he belongeth, being the property of any citizen, or citizens, of the United States, or procure the same to be done, shall suffer death." And the same penalty is enacted against any owner, or part-owner, for the same act done with intent to prejudice an underwriter on a policy of insurance, or a shipper, or any other part-owner. The British statutes are of the same import.

Barratry, common, is the stirring up of suits and quarrels between other persons, and the party guilty of this offence is indictable as a common barrator, or barretor. But more than one instance is necessary to constitute the offence; and any number of suits brought in the party's own name, if there be any color for them, do not constitute this offence. The commencing of

suits in the name of a fictitious plaintiff is common barratry.

BARRÈRE, Bertrand, de Vieuzac, born at Tarbes, Sept. 10, 1755, of a respectable family, was advocate of the parliament at Toulouse, and attracted attention by his easy and elegant delivery. In 1789, he was chosen deputy to the states general, where he openly expressed his republican principles. He was afterwards a member of the convention, and, Nov. 29, 1792, elected their president. Louis XVI was examined, for the first time, Dec. 11, under the presidency of B., who voted for his death. He became one of the most active members of the committee of safety. From Sept. 21, 1792, when the convention was opened, until July 27, 1794 (9th Thermidor), few sessions took place at which B. did not occupy the tribune. As he spoke on all the measures of the reign of terror in flowery and poetical language, he was called l'Anacréon de la guillotine! On the day previous to Robespierre's fall, B. pronounced his eulogy; but, when he saw that the convention declared itself against him, he deserted him, took part in the proceedings of the 9th Thermidor, and preserved, by this means, some influence. In March, 1795, he was condemned to deportation, but escaped by flight. The first consul revoked his banishment after the revolution of the 18th Brumaire. He afterwards edited a journal, Mémorial Anti-Britannique. He appeared, on all occasions, a zealous defender of Napoleon, yet without playing any important part during his reign. In 1815, he was banished, like all the regicides, who had entered into the service of Napoleon after his return from Elba.

BARRICADE, or BARRICADO; those objects which are hastily collected, to defend a narrow passage (for instance, the street of a village, a defile, a bridge, &c.), the removing of which retards the enemy, and gives to the sharpshooters, posted behind or in its neighborhood, an opportunity of firing upon them with effect. Wagons, harrows, casks, chests, branches of trees, beams,-in short, every thing which is at hand is used for this purpose; and, if it is necessary that the enemy, when consisting principally of cavalry, should be checked in the pursuit, though it be but for a moment, the ammunition and baggage-wagons may be employed with effect.

BARRIER TREATY. When, by the peace of Utrecht, the Spanish Netherlands were ceded to Austria, 1715, this cession was agreed to by the Dutch, who had conquer

BARRIER TREATY-BARROW.

ed these provinces in alliance with England, only on condition that they should have the right (in order to secure their borders against their powerful neighbor) to garrison several fortresses of the country, viz., Namur, Tournay, Menin, Furnes, Warneton, Ypres, and the fort of Kenock, and to maintain, in common with Austria, a garrison in Dendermonde; and that Austria should engage to pay yearly to Holland 350,000 dollars for the support of these garrisons. The treaty which was concluded between these two powers, in 1718, was called the Barrier treaty. In 1781, the emperor Joseph II declared it void, notwithstanding all the remonstrances of the states general.

BARRINGTON, Ďaines; fourth son of the first viscount Barrington; distinguished as a lawyer, antiquary and naturalist. He was born in 1727, and, after preparatory studies at Oxford and the Inner Temple, was called to the bar. He held several offices previous to his being appointed a Welsh judge in 1757; and was subsequently second justice of Chester till 1785, when he resigned that post, and, thenceforward, lived in retirement, chiefly at his chambers in the Inner Temple, where he died, March, 1800. His works are numerous; among them is Tracts on the Probability of reaching the North Pole, 1775, 4to. BARRISTER; in England, an advocate or counsellor, who has been admitted by one of the inns of court, viz., the Inner Temple, Middle Temple, Lincoln's Inn, or Gray's Inn, to plead at the bar. Before a student can be admitted to the bar, he must have been a member of one of those societies, and have kept terms there for five, or, if he be a master of arts of either of the universities of Cambridge, Oxford or Dublin, for three years. Twelve public disputations, or legal theses, were formerly required; but these have now dwindled into mere forms. Barristers are also called utter or outer barristers, to distinguish them from serjeants and king's counsel, who sit within the bar in the courts. They are also styled, in the old books, apprenticii ad legem, as being still but apprenticed to the profession, to the highest grade of which (that of serjeant, or serviens ad legem) they could not be admitted until they had sat without the bar, through the apprenticeship of 16 years. The duties of a counsel are honorary, and he can maintain no action for his fees, which are considered as a gratuity, and not as hire. In the U. States, the degree of barrister, though not formally abolished, has fallen into disuse.

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BARROS, Joan de, the most illustrious of the Portuguese historians, born at Viseu, 1496, was descended from an ancient noble family. At first one of the pages of the king Emanuel, he distinguished himself so much by his talents and address, that the king selected him, at the age of 17, for the companion of the prince royal. He employed all his leisure time in reading Sallust, Livy and Virgil. He wrote his first work, in the midst of the distractions of the court, in the antichamber. It was a historical romance, entitled the Emperor Clarimond, distinguished for beauty of language. It appeared in 1520, the author being but 24 years old. B. presented it to the king, who urged him to undertake the history of the Portuguese in India. The king died a few months after, but his orders were executed, and this historical work appeared 32 years later. King John III appointed B. governor of the Portuguese settlements in Guinea, and, afterwards, general agent for these colonies. He performed the duties of this office with understanding and honesty. The king presented him, in 1530, with the province of Maranham in Brazil, for the purpose of colonization. B. lost a great part of his fortune by the enterprise, and returned the province to the king, who indemnified him for his losses. At the age of 72 years, he retired to his estate Alitem, where he died after three years. His work L'Azia Portugueza, upon the doings of the Portuguese in India, consists of 40 books, and probably will always remain a standard work in this department of literature. He wrote, besides, a moral dialogue, Rhopicancuma, in which he shows the pernicious consequences of accommodating principles to circumstances; but this work was prohibited by the inquisition. He has written also a dialogue on false modesty, and a Portuguese grammar, the first ever published.

BARROW, Isaac, an eminent mathematician and divine, was the son of Mr. Thomas Barrow, a respectable citizen and linen-draper of London, in which city he was born in 1630. His childhood gave no presage of his future celebrity; for, at the Charter-house, where he was educated, he was chiefly remarkable for fighting and neglect of study. Being removed to a school at Felsted, in Essex, he began to show some earnest of his future great reputation. He was subsequently entered a pensioner of Trinity college, Cambridge, of which he was chosen a scholar, in 1647. The ejection of his uncle, the bishop of

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St. Asaph, from his fellowship of Peterhouse, in consequence of his adherence to the royal party, and the great losses sustained by his father in the same cause, left him in a very unprovided condition. His good disposition and great attainments, however, so won upon his superiors, that, although he refused to subscribe to the covenant, he was very highly regarded. In 1649, he was elected fellow of his college, and, finding that opinions in church and state opposite to his own now prevailed, proceeded some length in the study of anatomy, botany and chemistry, with a view to the medical profession. He how ever changed his mind, and to the study of divinity joined that of mathematics and astronomy, unbending his mind by the cultivation of poetry, to which he was always much attached. In 1652, he graduated M. A. at Oxford, and, being disappointed in his endeavor to obtain the Greek professorship at Cambridge, engaged in a scheme of foreign travel. He set out in 1655; and, during his absence, his first work, an edition of Euclid's Elements, was published at Cambridge. He visited France and Italy, where he embarked for Smyrna; and, the ship in which he sailed being attacked by an Algerine corsair, he stood manfully to the guns until the enemy was beaten off. From Smyrna he proceeded to Constantinople, returned, in 1659, by way of Germany and Holland, and was soon after episcopally ordained by bishop Brownrigg. În 1660, he was elected Greek professor at the university of Cambridge, without a competitor. At the recommendation of doctor Wilkins, afterwards bishop of Chester, he was, in 1662, chosen professor of geometry in Gresham college, and, in 1663, the royal society elected him a member of that body, in the first choice after their incorporation. The same year, he was appointed the first Lucasian professor of mathematics at Cambridge, on which occasion he delivered an excellent prefatory lecture on the utility of mathematical science. In 1669, on a conscientious principle of duty, he determined to give up mathematics, and adhere exclusively to divinity. Accordingly, after publishing his celebrated Lectiones Optica, he resigned his chair to a successor worthy of him-the great Newton. In 1670, he was created D. D. by mandate, and, in 1672, the king nominated him to the mastership of Trinity college, observing that he had bestowed it on the best scholar in England. He had, before this, refused a living, given him with a

view to secure his services as a tutor to the son of the gentleman who had it to bestow, because he deemed such a contract simoniacal; and he now, with similar conscientiousness, had a clause in his patent of master, allowing him to marry, erased, because incompatible with the intentions of the founder. In 1675, he was chosen vice-chancellor of the university of Cambridge; but the credit and utility expected from his labors were frustrated by his untimely death, from a violent fever, in May, 1677, in the 47th year of his age. The works of doctor Barrow, both mathematical and theological, are of the highest class. Of the former, the following are the principal:-Euclidis Elementa, Cantab., 1655, 8vo.; Euclidis Data, Cantab., 1657, 8vo.; Lectiones Optica, Lond., 1669, 4to.; Lectiones Geometrica, Lond., 1670, 4to.; Archimedis Opera, Apollonii Conicorum, lib. iv; Theodosii Sphericorum, lib. iii, novo methodo illustrata et succincte demonstrata, Lond., 1675, 4to.; Lectio in qua Theoremata Archimedis de Sphera et Cylindro per Methodum indivisibilium investigata, &c., Lond., 1678, 12mo.; Mathematica Lectiones, Lond., 1683. The two last works were not published till after his death. All his Ênglish works are theological: they were left in MS., and published by doctor Tillotson, in 3 vols., folio, Lond., 1685. Isaaci Barrow Opuscula, appeared in 1697, Lond., folio. As a mathematician, especially in the higher geometry, Barrow was deemed inferior only to Newton: as a divine, he was singularly distinguished for depth and copiousness of thought; and he so exhausted the subjects which he treated in his sermons, that Charles II used to call him an unfair preacher, for leaving nothing to be said after him. Le Clerc speaks of his sermons as exact dissertations, rather than addresses to the people; and, although unusually long, they so abound in matter, that his language sometimes labors in the expression of it; whence his style is occasionally involved and parenthetical. Passages of sublime and simple eloquence, however, frequently occur; and, although his divinity is less read now than formerly, it is not unfrequently resorted to as a mine of excellent thoughts and arguments. A fine specimen of his characteristic copiousness is quoted, by Addison, from his sermon on Vain and Idle Talking, in which the various forms and guises of wit are enumerated with a felicity of expression which it would be difficult to parallel. Doctor Barrow was himself celebrated for wit,

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and still more for his personal courage, which was always remarkable. In external appearance, he exhibited more of the scholar than the man of the world; being short in his person, meager in his countenance, and slovenly in his habits. These, however, were but small defects in a man otherwise so highly gifted, and so modest, conscientious and amiable. Charitable even in bounded circumstances, altogether disinterested in prosperity, and serene and contented in all fortunes, he was at once the divine and philosopher, leaving little property other than his books, and the reputation of being one of the greatest ornaments to his country.

BARROWS. (See Tumuli.)

BARRY, James T., a painter, and writer on his art, was born at Cork, in Ireland, in 1741, and died in 1806. His father was employed in the coasting trade between England and Ireland, and had destined him for the same business; but his irresistible inclination for drawing and painting prevailed. By one of his first paintings in oil, representing the Landing of St. Patrick in Ireland, he attracted the attention of the famous Burke, who carried him, in his 23d year, to London, and recommended him to the Athenian Stuart, so called, by whom he was employed in copying old paintings in oil. The brothers Burke provided him with the necessary means for visiting Paris and Rome, from whence he went to Florence, Bologna and Naples. He remained three years in Italy, formed his genius by the study of the great masterpieces, and wrote able criticisms upon them. Among his productions, Adam and Eve, Venus, Jupiter and Juno upon Mount Ida, and the Death of General Wolfe, are the most celebrated. After his return, he was chosen member of the royal academy, and professor of painting. He worked seven years on the paintings which adorn the great hall of the society for the encouragement of the arts. In 1773, he published his well-known work, Inquiry into the real and imaginary Obstructions to the Increase of the Arts in England. He traces these causes to the Protestant religion, to the political spirit of the English, and to their preference of the useful to the beautiful. While we value his criticism on the beautiful, and his theory of the arts, we must blame the irregularity of his drawings, and his unsociable manners. He died in 1806.

BARRY, John, a distinguished naval officer in the service of the U. States, was born in the county of Wexford, Ire50

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land, in 1745. His father, a very respectable farmer, having perceived a strong inclination in him for the sea, placed him on board a merchantman, where he continued for several years. He arrived in America, which he adopted as his country, when only 14 or 15 years old, having previously acquired a good practical education by industrious effort, in conjunction with a strong and active mind. In America, he was not long without occupation, being employed by some of the most respectable merchants of the day, who always spoke of him in terms of high approbation. He continued thus engaged until the rupture between the colonies and the mother country, when he embraced the cause of the former. The reputation which he had acquired for skill and experience procured for him one of the first naval commissions from congress. In February, 1776, he was appointed commander of the brig Lexington, of 16 guns, the first continental vessel of war which sailed from the port of Philadelphia. After a successful cruise in her, he was transferred, in the latter part of the same year, to the Effingham, one of the three large frigates built in Philadelphia. Being prevented, in the winter of that year, from pursuing his naval operations, by the ice which impeded the navigation of the Delaware, he would not remain inactive, but volunteered his services in the army, where he served, with great honor to himself, as aide-de-camp to general Cadwalader, in the important occurrences near Trenton. When the American vessels of war were lying near Whitehill, whither they had been sent when the city, and the forts of the river, had fallen into the power of the British, commodore Barry conceived the daring plan of annoying the enemy by means of small boats, properly armed, which, being stationed down the river and bay, might intercept supplies, and, in case of danger, take refuge in the creeks. He, accordingly, manned the boats of the frigates, descended the river with muffled oars, under cover of the night, and appeared unexpectedly before the city. He effected his object by intercepting a large stock of provisions, and capturing several vessels laden with military munitions and valuable stores for the British officers. The commodore and his assistants received a public expression of thanks from Washington, on account of his enterprise. After the destruction of his frigate, he was appointed to the command of the Raleigh, of 32 guns, which he was

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obliged to run on shore, being chased by a large squadron of British vessels of war. He was afterwards named commander of a 74 building in New Hampshire; but, this vessel having been presented by congress to the king of France, he was transferred to the Alliance, a frigate of 36 guns, which was placed under his orders. In February, 1781, he sailed from Boston, where the frigate had been lying, for L'Orient, having on board colonel Laurens and suite, who was sent on an important embassy to the French court. He then proceeded on a cruise, in which he took several valuable prizes, and captured his Britannic majesty's ship of war Atalanta, and her consort, the brig Trepasa, after an engagement of several hours, in which he displayed great gallantry, and was dangerously wounded. December 25, 1781, the Alliance sailed from Boston, with the marquis de La Fayette and count de Noailles on board, who were proceeding to France on public business. After landing them, she left L'Orient on a cruise, and, besides making many prizes, overcame a frigate of equal size with herself, which was rescued, however, by the timely arrival of her two consorts, which had been watching the motions of a large French ship during the action. During the rest of the war, B. served with credit to himself, and benefit to his country, and, after the cessation of hostilities, was appointed to superintend the building of the frigate United States in Philadelphia, which was designed for his command. During the partial maritime war with France, he was actively and constantly employed at sea, and did great service to the commercial interests of the country by protecting its flag from the depredations of the French privateers, which infested the ocean. He retained the command of the United States until she was laid up in ordinary. After a life of usefulness and honor, B. fell a victim to an asthmatic affection, at Philadelphia, September 13, 1803.-This estimable man was above the ordinary stature; his person was graceful and commanding; his whole deportment was marked by dignity, unmixed with ostentation; and his strongly-marked countenance expressed the qualities of his mind and the virtues of his heart.

BARRY (Marie Jeanne Gomart de Vaubernier) countess du, the famous mistress of Louis XV, king of France, daughter of a commissioner of the customs at Vauconleurs, by the name of Gomart de Vaubernier, was born in 1744, and, after the

death of her father, entered the service of a milliner at Paris, afterwards belonged to the establishment of the notorious Gourdan, where she was known by the name of Mlle. Lange, and became the mistress of the count du Barry, who built high hopes upon her charms. He managed to make her known to the king (dont les sens étaient blusés par la débauche, says an author: le vieux monarque, accoutumé à rencontrer le respect jusque dans les bras de ses maitresses, retrouva des jouissances et des désirs près d'une femme d'une espèce nouvelle pour lui. Il l'aima de toute safaiblesse, et l'empire d'une vile prostituée sur le souverain le plus majestueur et le plus imposant fut fondé par la lubricité). She soon took the place of the marchioness de Pompadour. The king deemed it necessary to find her a husband, and she fell to the lot of the count du Barry, a brother of the one above mentioned. The countess du Barry was now publicly introduced at court. She soon governed all France; caused the ruin of the duke de Choiseul, whose haughty spirit would not bend before her; promoted the duke d'Aiguillon, and assisted him to take revenge on the parliament, which was, in 1771, driven from Paris, and afterwards entirely suppressed. Yet we ought not to ascribe to her the evils of which she was only the instrument in the hands of intriguing counsellors. She herself loved pleasure more than intrigue. After the death of the king, she was banished to an abbey near Meaux. She afterwards received permission to reside in her beautiful pavilion near Marly. She lived quietly, during the revolution, until Robespierre's dominion. But her riches, and her connexion with the Brissotists, caused her ruin. She was placed at the bar of the revolutionary tribunal, condemned to death, and executed, December 6, 1793. On her way to the scaffold, her prayers for mercy were incessant; her eyes were bathed in tears; she uttered loud shrieks, and implored the compassion of the people. Her cry was still heard at the moment of her execution :-Monsieur le bourreau, encore un moment. It has been observed, that, among all the women condemned to death by the revolutionary tribunal, she was the only one who showed excessive fear in her last moments.

BARTHÉLEMY, Jean Jacques, born, January 20, 1716, at Cassis, near Marseilles in what was formerly Provence, received a good education from the fathers of the oratory at Marseilles, and was about to prepare himself, under the Jesuits, for

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